FindLaw KnowledgeBasePublished: 2012-05-07
Losing a loved is one of the hardest things in life. Lives are changed and people are forever affected when someone you care about passes on. And although no amount of money will replace the loss, it is important to know that monetary compensation might be available to affected family members if someone else was responsible for a loved one’s death.
Wrongful Death Claims: File Within Two Years of Death
In New York, immediate surviving family members are eligible to file a wrongful death lawsuit against a party responsible for someone’s death.
For example, some of the most common wrongful death claims arise from a doctor or a hospital providing negligent care that caused or contributed to a patient’s death. When this occurs, immediate family members might have a viable claim against the doctor or the medical facility for wrongful death and malpractice.
However, wrongful death claims must be filed within two years after the date of death. Any claim filed after this strict deadline is dismissed, and family members lose the right to be compensated for their loss.
This time limit can be difficult for families because the last thing anyone wants to do is discuss the circumstances of a death while they are still grieving. However, valuable evidence can be lost if prompt action is not taken, which can jeopardize the possibility of winning in court or achieving a settlement.
The death of a family member can have severe financial and emotional implications for everyone involved. As a result, it is recommended that anyone seeking to file a wrongful death claim consult an experienced personal injury attorney as soon as possible. Qualified lawyers have helped many individuals get through the litigation process smoothly while minimizing stress in an already stressful time, all while getting families the compensation they deserve.